Indonesia

Law No.32/2009 allows individuals, environmental non-governmental organizations (NGOs) and government agencies to bring suits, each with their own terms and conditions. Individuals are allowed to claim compensation for direct damage that they have suffered (Art. 87 and 88), but may also sue on grounds of public interest using a “citizen lawsuit” procedure. The remedies that can be requested are limited to demanding government action. Environmental NGOs may initiate lawsuits on behalf of the environment (Art. 92) as long as they fulfill the following conditions: a) they have legal personality; b) their by-laws establish that their objective is the protection of the environment; and c) the organization has been active for a period of no less than 2 years. If NGOs meet these requirements, they have standing to request monetary compensation for actual expenses incurred. They may also request the defendant to conduct certain environmental restorative actions. Government agencies (national and local) have also standing to represent the environment in court (Art. 92). The scope of damage claim is broader than NGOs, as they may request both monetary compensation for ecological loss, and restorative actions (or the cost of undertaking restoration). Since 2012, Indonesia’s national government has filed 31 lawsuits against corporations for environmental harm.